James Loughlin Duncan III

James Loughlin Duncan III

James Loughlin Duncan III

James Loughlin Duncan III is an experienced trial lawyer whose practice encompasses all aspects of intellectual property (IP) protection, with a focus on complex patent and trade secret litigation, as well as technology-related antitrust matters.

Practice & Background

Mr. Duncan has experience in all aspects of IP litigation, including examination of witnesses at trial, depositions, claim construction proceedings, summary judgment and appeals. Along with patent litigation, Mr. Duncan also focuses his practice on trade secret and trademark litigation, as well as antitrust litigation involving technology and IP. Mr. Duncan’s litigation experience involves a diverse group of clients, including clients in the telecommunications, medical device, biotechnology, energy, Internet software, digital television, computer hardware and software, automotive and chemical industries.

In addition to litigation, Mr. Duncan has experience providing strategic IP guidance and counseling; licensing and assignment of patents, trademarks, copyrights and other intellectual property; inter partes review proceedings; and opposition proceedings before the European Patent Office. Mr. Duncan is also involved in providing pro bono legal services to the community, particularly in representing clients with Violence Against Women actions and asylum proceedings.

Before entering law school, Mr. Duncan was a process and project engineer for Cytec Industries, Inc. He received his B.S. in chemical engineering (with a focus in biomedical engineering) and a minor in international affairs from the Georgia Institute of Technology in 2003. Mr. Duncan is a member of the Nancy Atlas Intellectual Property Inn of Court, the Garland R. Walker American Inn of Court, American Bar Association, Houston Bar Association, Houston Young Lawyers Association, Federal Bar Association, American Bar Association and American Intellectual Property Law Association.

Representative Matters

Mr. Duncan’s recent experience includes:

defending a leading animal genetics company in complex litigation involving claims of antitrust, patent infringement, trade secret misappropriation and breach of contract, resulting in a favorable verdict (W.D. Wis.)

advising a client in the acquisition of a petrochemical plant and all necessary IP rights

securing a favorable settlement on behalf of a worldwide textile manufacturer in a dispute involving stretch-denim technologies

securing a favorable settlement and dismissal for a major data management company in patent litigation involving user authentication and targeted advertising (E.D. Tex.)

securing summary judgment of noninfringement, and dismissal of subsequent litigation based on res judicata, for a major telecommunications provider in multiple patent litigations involving optimization of cellular data transfer (N.D. Cal. and E.D. Tex.).